Human Dignity and Property in Land—A Human Rights Approach

The chapter takes a two-pronged approach to discuss property in land as a human right. (1) An approach informed by legal positivism helps collect human rights clearly pertaining to property relations. In this sense, human rights are UN-sponsored human rights. The golden rule of property as a human right comprises several essential elements: the right not to be owned (abolition of slavery; prohibition of forced marriages), the right to own property, the right to work, and the right to an adequate standard of living. Property as a human right differs substantially from constitutional property clauses or from property in common or private law. The most important reason for this difference relates to the significance of human dignity in human rights law. (2) According to the prevalent self-descriptions, human rights derive from the inherent dignity of the human person. An approach informed by political philosophy examines whether property as a human right specifically relates to or derives from human dignity. The examination demonstrates that the relationship between human dignity and private property is polyrational: Human dignity explains why property is essential for every person to attain security, freedom, and equality. Human dignity also explains that the human right to property comprises the right to an adequate standard of living. Finally, human dignity explains why property accumulation or monopolization (even if permissible under constitutional or common/private law) must not go too far.